Delhi High Court Rules Husbands Cannot Claim Exclusive Property Rights Despite Paying EMIs

The Delhi High Court has ruled that a husband cannot claim exclusive ownership of a jointly registered property simply because he paid the EMIs.

In a judgment delivered on September 22, a bench comprising Justices Anil Kshetarpal and Harish Vaidyanathan Shankar stated that joint property registration supersedes payment considerations.

The court declared: "Once the property stands in the joint names of the spouses, the husband cannot be permitted to claim exclusive ownership merely on the ground that he alone provided the purchase consideration."

This ruling affirms that such claims would violate Section 4 of the Prohibition of Benami Property Transactions Act, which prohibits individuals from asserting ownership rights against those in whose name the property is registered.

The case involved a wife who petitioned the court claiming entitlement to 50 percent of the surplus amount from the property, arguing it constituted her 'stridhan' (a woman's exclusive property under Hindu Law).

Court documents revealed the couple married in 1999 and jointly purchased a Mumbai house in 2005. They began living separately in 2006, with the husband filing for divorce that same year—a matter still pending resolution.

The court's decision underscores the legal protection of joint property rights regardless of financial contribution proportions.